An executor can override a beneficiary if they need to do so to follow the terms of the will or the probate laws of the state in which they are administering the estate. Executors are legally required to distribute estate assets according to what the will says and follow state probate laws. This means that if a beneficiary disagrees with the distribution in the will, any other will terms, or the executor’s duties under the law the executor can — and must — disregard the beneficiary’s wishes and carry out the will’s requirements and follow the law.
If a dispute arises, then an executor should petition the probate court for instructions, and the probate court order will then control how the issue is resolved.
In this guide, we’ll break down what powers an executor has over a beneficiary and whether one can override the other. Using a hypothetical scenario, we’ll illustrate how this process might look in a real-world case.
What is an executor of an estate?
An executor of an estate is nominated in a will executed by the decedent to administer the estate once they have passed. Once they have received court approval to serve as personal representative, executors are responsible for managing the estate and distributing assets as laid out in the decedent’s will.
Duties of an executor include:
- Identifying and valuing estate assets
- Paying the estate’s debts and taxes
- Distributing the estate’s assets and property as dictated by the will
Under California law, any person who is 18 or older and has not been judicially determined to be incapacitated can serve as the executor of an estate. While executors are often close relatives or family friends, some people opt to select a disinterested third party, such as an attorney or friend, as executor of their estate. If the executor is a family member, often they are also a beneficiary of the will.
Can an executor override a beneficiary?
Yes, an executor can override a beneficiary’s wishes as long as they follow the will or any probate court orders. Ultimately, an executor is the person with authority to make decisions regarding the estate, and as long as those decisions are consistent with the terms of the will, comply with local probate laws, and are made for the best interest of the estate and beneficiaries, they have wide discretion in the actions they may take.
Executors have a fiduciary duty to the estate beneficiaries, which requires them to take actions in the best interest of the beneficiaries of the will within the parameters of the terms of the will and applicable probate laws. This means that an executor can override a beneficiary’s wishes if those wishes contradict the expressed terms of the will, do not comply with applicable laws, and the executor acts in the best interest of the estate and its beneficiaries. An executor has a duty to treat estate beneficiaries equally, so simply because one beneficiary is requesting something does not mean that it benefits the remaining beneficiaries or the estate as a whole.
If a situation is unclear, an executor should get direction from an attorney and, if necessary, the probate court.
An executor overriding a beneficiary in action
To understand how this process might look, let’s consider a hypothetical scenario. This scenario may help illustrate complexities that can arise. Still, every case is unique, so it’s important to consult an experienced probate litigation attorney to determine the best course of action for your situation.
John Peterson established a will to specify how his estate should be distributed upon his passing. His estate included several assets, the most significant of which was a valuable family vacation home. John has four children: Edward, Brooke, Ben, and Brianna. He designated Edward as the Executor and identified all four children as beneficiaries.
When John passed, it was time for the estate property to be distributed. However, the will did not specify exactly how the vacation home should be handled. This ambiguity led to a disagreement among beneficiaries:
- Edward and Brooke wanted to keep the house in the family to preserve it as a place for family gatherings and future use.
- However, Ben and Brianna preferred to liquidate the asset, opting for a cash distribution of the proceeds from selling the house.
Neither side was able to come to a compromise, so Edward had to make a difficult decision that aligned with his fiduciary duty. He decided to sell the house so that each side could receive an equal distribution of the sale proceeds.
Although Edward had to override his and Brooke’s wishes as a beneficiary, he took all the steps and upheld his legal responsibilities by providing a Notice of Proposed Action and offering an opportunity to Brooke to object to the decision. He maintained clear communication throughout the process and was able to justify his decision, so he was justified as an executor in overriding the wishes of a beneficiary.
Can an executor override a will?
No, an executor cannot override or modify the terms of a will, with few exceptions. In fact, as fiduciaries to the estate beneficiaries, executors are legally required to abide by the will throughout the probate process, including the distribution of assets to the named beneficiaries of the will.
Except in very limited situations where will terms cannot be followed, such as where an asset was disposed of by the decedent prior to death and, therefore, cannot be distributed at death, an executor cannot override the intent of the will to change the distribution scheme or remove a beneficiary.
Can an executor of a will remove a beneficiary?
In general, executors typically do not have the authority to remove beneficiaries from a will. Regardless of whether an executor feels that a beneficiary is being difficult or belligerent to work with, they must respect the wishes of the will’s creator.
That said, an executor can withhold distributions of assets that belong to a beneficiary based on certain circumstances. For example, if a beneficiary does not meet the criteria specified in the will for receiving their asset allocation, such as reaching age 18 or complying with other conditions. Other instances where it may be necessary to withhold assets are if the executor must wait to resolve estate debts, will contests or other legal disputes before they can distribute them.
Still, it is rare that a beneficiary of a will can be removed entirely. One of the only circumstances in which a beneficiary can be fully removed from a will is in a case where a beneficiary attempts a will contest where the will contains a no-contest clause and they are unsuccessful in their contest and are found to have pursued the contest in bad faith. In these cases, it can be possible for a beneficiary to forfeit their inheritance outlined in the will if their contest was struck down as unjustified.
Another possible circumstance exists where if a beneficiary has engaged in financial elder abuse of the decedent, in which case an executor can pursue a legal determination from the probate court of the abuse and, if successful, that finding may act to disinherit the would-be beneficiary. However, even in this case, the executor cannot act alone—this process must involve formal court procedures, due process for the to-be-disinherited beneficiary, and an order from the court.
Can beneficiaries override an executor?
Generally, no, beneficiaries cannot override an executor unless the executor fails to follow the will, breaches their fiduciary duty, or the beneficiaries obtain an order from the probate court instructing the executor to take action the executor had resisted. Executors have a fiduciary duty to act in the best interests of the estate beneficiaries and preserve the wishes of the will’s creator, and as long as they are discharging that duty, it is unlikely the court will countenance a beneficiary’s effort to override the executor.
While beneficiaries can often disagree with an executor’s decisions, unless the executor clearly violates the terms of the will or breaches their fiduciary duty, there is typically nothing a beneficiary can do about it. In most situations, beneficiaries can’t override a legally appointed executor just because they don’t like the decisions they are making.
However, if a beneficiary believes that the executor is not following the terms of the will or are otherwise breaching their fiduciary duty, they have the legal right to ask the probate court to suspend or remove the executor and appoint a new executor. Typically, the court won’t suspend or remove an executor unless the beneficiary can prove misconduct, incompetence and harm to the estate and its beneficiaries.
Beneficiaries who suspect that an executor is violating the will or breaching their fiduciary duty should seek the counsel of a skilled probate litigation lawyer as soon as possible to make sure the wishes of the decedent are followed before too much harm has been done.
Can an executor override a trustee?
If an individual’s estate has both a trust and a will, then the estate may have both an executor and a trustee involved in the administration of the decedent’s estate, and sometimes the same person acts in both capacities. This may raise questions about who has authority over which assets. However, executors and trustees serve distinct roles that are guided by distinct documents, and if each executor and trustee follows their respective documents, then disagreements should be avoided.
An executor is an individual named in a will to carry out the process of distributing assets as outlined in the will, while a trustee is a representative named to administer a trust’s assets and distribute them according to the trust’s terms. Because they both have separate areas of responsibility, an executor cannot override a trustee, and a trustee cannot override an executor.
Effectively, executors and trustees have separate duties and control over separate administrations, so while they often collaborate, they need not. In situations where there is a dispute over which estate owns what assets or is responsible for what debts, it may be helpful for an executor to seek a petition for instructions from the court.
Can an executor sue a beneficiary?
Executors have the right to take legal action against beneficiaries if they have a legal claim to pursue against them for actual harm committed against the estate by the defendant beneficiary. A lawsuit can result in various consequences for a beneficiary, such as potential changes to their inheritance rights, delays in an inheritance distribution, or even the possible loss of designated benefits or rights.
If a beneficiary faces a lawsuit from an executor, they should consult a probate estate attorney as soon as possible. Support from an attorney can help a beneficiary navigate any legal contests and protect their access to their rightful inheritance.
Can an executor change a will after death?
Executors are responsible for carrying out the intentions of the creator of a will as outlined by the will’s terms. Due to the executor’s duty to fulfill the wishes of the settlor who created the will, an executor does not have the authority to make changes to the will. This means that an executor cannot change beneficiaries, adjust distribution amounts, or make any other unilateral decisions regarding will distribution unless, of course, the will gives the executor that express written authority.
Typically, the only other way to make changes to a will after the creator’s death is if there is ambiguity in the document that requires clarification or if there is a dispute between parties regarding their rights to estate assets. In either case, an executor does not have unilateral authority to make these changes or decisions themselves. Instead, these changes must be agreed upon by all interested parties and approved by the court either before or in the petition for final distribution.
Can the executor of an estate be changed?
Yes, California law allows the executor of an estate to be changed in certain situations. Of course, an executor can always resign, by submitting their resignation with the court, accounting for their activities of administration, and getting a court order approving their dismissal.
Separately, according to California Probate Code §8502, executors can be suspended or removed if:
- They waste, embezzle, mismanage, or commit fraud against the estate, or evidence shows that they are about to do so.
- They are found to be unable to properly execute their duties or are otherwise unqualified to serve.
- They wrongfully neglect the estate or fail to perform duties over a period of time.
- They need to be removed to protect the estate or interested parties.
- There is another cause for removal under California law.
If an executor’s fitness is challenged, the probate court will conduct a hearing to determine whether they should be suspended or removed and who then should serve as executor. Interested people (like the deceased’s spouse, beneficiaries, heirs, creditors, and possible alternate executors) can participate in the hearing. If the judge believes there are grounds for removing the executor, they can terminate the appointment and appoint their replacement.
Do I need an estate lawyer to challenge an executor?
If you are an executor, proposed executor, beneficiary or heir and have an estate dispute, hiring an experienced probate attorney familiar with the local probate court where your case will be heard and decided often will get you the best result. An attorney who is familiar with the court and its judges, processes, and rules will help move your case along more efficiently and cost-effectively, likely resulting in a more favorable outcome.
Our team at RMO Lawyers can help guide you through your administration, contested or not, to ensure a fair distribution of estate assets outlined in the will as your loved one intended. Our probate estate litigation attorneys take a compassionate approach to understanding the details of your case and laying out the options you have in front of you so you can make well-informed decisions about your case and situation.
Schedule a consultation with our team today to learn more about your rights and duties in the estate management process and determine the best possible path forward.
RMO LLP provides personal and efficient inheritance dispute services to individual and institutional clients. The firm’s attorneys focus on probate litigation involving contested trust, estate, probate, and conservatorship matters. Serving California and Texas, with offices in Los Angeles, Pasadena, Orange County, San Diego, Fresno, the Bay Area, Dallas, and Houston. For more information, please visit RMO Lawyers.
